Opinion
No. 87-KP-2212.
November 6, 1987.
In re Motions for Clarification of this Court's Order, dated October 12, 1987; 40th Judicial District Court, Parish of St. John the Baptist, No. 69-81.
Motion for clarification granted. See Per Curiam.
MARCUS, WATSON and COLE, JJ., concur in the clarification but dissent from this Court's order dated October 12, 1987.
Motion for clarification granted. This court's order of October 12, 1987, 513 So.2d 298, is modified to order the district court to conduct an evidentiary hearing on the following claims in relator's application for postconviction relief:
1. Ineffective assistance of counsel,
2. Newly discovered evidence of mental disease or defect, and
3. Improper communications by bailiff and trial judge with members of the jury.
4. Trial court's denial of sufficient funds to retain a competent and neutral psychiatrist.
After the hearing, the district court shall rule on the claims. The application is otherwise denied.